Under the authority of section 197 of the Highway Traffic Act and the Subordinate Legislation Revision and
Consolidation Act, the Lieutenant‑Governor in Council makes the
following regulations.

REGULATIONS

Analysis

1.Short title

2.Definitions

3.Exemption

4.Registration

5.Carrier safety scheme

6.Out of province carriers

7.Threshold

8.Threshold level

9.Safety rating

10.Compliance indicators

11.Driver reports

12.Records

13.Inspection

14.Hearing

15.Review

16.Fleet suspension

17.Variance

18.Profiles

19.Repeal

Schedule

Short title

1.These regulations may be cited as the Carrier Safety Regulations.

222/93 s1

Definitions

2.In these regulations

(a)"active power unit" means a
commercial vehicle which is registered under section 16 of the Act and not
under suspension for more than one year, but does not include a trailer;

(b)"carrier" means a person that owns,
leases or is responsible for the operation of a commercial vehicle;

(c)"commercial vehicle" means

(i)a truck, tractor or trailer or any combination
of them exceeding a registered gross vehicle weight of 4,500 kilograms,

(ii)a bus,

(iii)a school bus,

(iv)a school purpose vehicle as defined in the Bus Regulations, or

(v)a disabled passenger vehicle as defined in the Official Inspection Station Regulations;

(d)"compliance indicator" means the
numerical value specified in these regulations for an inspection defect,
accident or conviction;

(e)"compliance review" means an
inspection and administrative review of a carrier by the registrar, or a person
appointed by the registrar, which may include verifying compliance with the
record keeping requirements of these regulations, and random inspections of
equipment or records, but does not normally include the audit or cross record
verification of records;

(f)"driver" means a person who drives a
commercial vehicle while in the employ of or on behalf of a carrier;

(g)"equivalent offence" means an
offence in another jurisdiction which is considered by the registrar to be
substantially similar to an offence listed in the Schedule;

(h)"facility audit" means a
comprehensive inspection and administrative review of a carrier, and includes
the audit and cross record verification of records;

(i)"fleet suspension" means the
temporary suspension of a carrier's safety rating as it applies to all or a
portion of the carrier's fleet of commercial vehicles, notwithstanding that the
carrier retains a safety rating other than unsatisfactory on that portion of
the fleet not under suspension;

(j)"long profile" means a comprehensive
record of all activity of a carrier under these regulations;

(k)"out‑of‑service" means
the designation of a driver or a commercial vehicle as out‑of‑service
by an inspector;

(l)"principal place of business" means
the street address of a carrier in the jurisdiction in which the carrier has
registered its commercial vehicles or at another location as may be authorized
by the registrar;

(m)"safety rating" means the safety
rating assigned to a carrier under section 9;

(n)"short profile" means a summary of a
carrier's safety rating and other information prescribed by the registrar;

(o)"threshold" means the number of
compliance indicators assigned to a carrier as its threshold under section 7;

(p)"threshold interval" means the
period of time which begins at

(i)the date of registration of the carrier,

(ii)the last threshold level increase, or

(iii)the last one year anniversary of an event
referred to in subparagraph (i) or (ii),

up to and including the current date,
whichever period of time is less; and

(q)"threshold level" means the
threshold level assigned to a carrier under section 8.

222/93 s2

Exemption

3.The registrar may exempt a carrier, a specified
group of carriers or specified services from all or a part of these
regulations.

222/93 s18

Registration

4.(1) A carrier shall not operate a commercial
vehicle unless that carrier is registered under subsection (2).

(2)A carrier shall apply to the registrar to
register as a carrier.

(3)An application made under subsection (2) shall
be in a form prescribed by the registrar.

(4)The registrar may grant, reject or grant
subject to conditions an application made under subsection (2).

(5)A carrier shall not hold more than one
registration, safety rating or national safety code number issued by the
registrar.

(6)For purposes of monitoring the safety
performance of a carrier, the registrar shall maintain a record in respect of a
carrier of

(a)convictions, accidents, inspections and
warnings;

(b)accumulated compliance indicators;

(c)the threshold and threshold level;

(d)the safety rating;

(e)the National Safety Code Number; and

(f)other information that the registrar considers
necessary.

(7)A carrier shall submit to the registrar the
information that he or she may request, in the form prescribed by the
registrar, and within the period specified in the request.

(8)A carrier who fails to comply with subsection
(1) or (7) is guilty of an offence and is liable on summary conviction to a
fine of not less than $200 and not more than $1,000 for each week or part of a
week in which the offence continues.

(9)A carrier who contravenes the provisions of
subsection (5) is guilty of an offence and on summary conviction is liable to a
fine of not less than $500 and not more than $2,000.

222/93 ss3&4

Carrier safety
scheme

5.Where the registrar grants an application made
by a carrier for registration, with or without conditions, the registrar shall
assign to that carrier

(a)a threshold in accordance with section 7;

(b)a threshold level in accordance with section
8; and

(c)a safety rating in accordance with section 9.

Out of province
carriers

6.A carrier whose principle place of business is
outside the province may, upon registration in this province, be assigned a
threshold, threshold level and a safety rating commensurate with those assigned
by the jurisdiction of the carrier's principal place of business, where that
jurisdiction has made assignments under legislation which is similar to these
regulations.

222/93 s5

Threshold

7.(1) A threshold for a carrier shall be equal to

(a)3 times the number of active power units which
are operated by that carrier,

8.(1) Where a carrier accumulates the number of
compliance indicators in that carrier's threshold, during that carrier's
threshold interval, the registrar may increase the carrier's threshold level by
one level to the next threshold level.

(2)Where the registrar increases a carrier's threshold
level, the registrar

(a)shall notify that carrier of the change in
threshold level; and

(b)may conduct a compliance review or facility
audit.

(3)Notwithstanding subsection (6), where the
registrar increases a carrier's threshold level, the registrar shall set the
carrier's compliance indicators in its new threshold level to zero.

(4)Where

(a)a carrier with a safety rating other than
unsatisfactory has an accumulation of compliance indicators less than the
carrier's threshold during its threshold interval; and

(b)the threshold interval is a year,

the registrar shall reduce the threshold
level, if greater than zero, by one and the registrar shall notify the carrier
of the change in threshold level.

(5)Where the registrar reduces a carrier's
threshold level, the registrar shall set the carrier's compliance indicators in
its new threshold level at the number of compliance indicators which the
carrier had accumulated in the higher threshold level.

(6)Compliance indicators shall expire within one
year of the date that the compliance indicators were accumulated.

222/93 s9

Safety rating

9.(1) The registrar may assign a carrier a safety
rating of

(a)satisfactory ‑ unaudited;

(b)satisfactory ‑ audited;

(c)conditional; or

(d)unsatisfactory.

(2)The registrar may in his or her discretion
assign a carrier a safety rating of unsatisfactory where

(a)a partner, principal shareholder or an officer
of a carrier seeking registration is a person who is or has been a principal of
a carrier that has been placed under a fleet suspension or has been assigned a
safety rating of unsatisfactory;

(b)a carrier is assigned a threshold level 4; or

(c)a carrier fails to produce records required
for a facility audit or fails to satisfactorily carry out a safety plan
required as a result of a facility audit.

(3)A person shall not operate, allow or cause to
be operated a commercial vehicle upon a highway unless the carrier responsible
for the operation of the commercial vehicle is registered and has a safety
rating of satisfactory ‑ unaudited, satisfactory ‑ audited or
conditional.

(4)A driver who contravenes the provisions of
subsection (3) is guilty of an offence and on summary conviction is liable to a
fine of not less than $25 and not more than $100.

(5)A carrier who contravenes the provisions of
subsection (3) is guilty of an offence and on summary conviction is liable to a
fine of not less than $500 and not more than $2,000.

222/93 ss4&7

Compliance indicators

10.(1) The registrar shall assign to a carrier
compliance indicators for offences listed in the Schedule in accordance with
the Schedule.

(2)For the purposes of subsection (1), an
equivalent offence shall be considered to be the offence listed in the Schedule
which is substantially similar to that equivalent offence.

(4)A carrier shall accumulate compliance
indicators for defects reported during an inspection of a driver employed by,
or a commercial vehicle operated by, the carrier as follows:

(a)where more than one defect has been reported
and no traffic ticket has been issued in relation to the inspection, one compliance
indicator;

(b)where the vehicle or driver has been placed
out‑of‑service and no traffic ticket has been issued, 3 compliance
indicators; and

(c)where the vehicle or driver has been placed
out‑of‑service and a traffic ticket has been issued in relation to
the inspection, one compliance indicator.

222/93 s8

Driver reports

11.(1) A driver shall report to the carrier with
whom he or she is employed or for whom he or she is brokering the following
information within 30 days:

(a)a conviction which that driver is given for an
offence referred to in the Schedule;

(b)a conviction which that driver is given for an
equivalent offence;

(c)an accident involving a commercial vehicle
which that driver is operating;

(d)an inspection performed on the driver or a
commercial vehicle which that driver is operating; or

(e)a warning or out‑of‑service notice
issued in relation to an inspection of the driver or a commercial vehicle the
driver is operating.

(2)A person who contravenes a provision of this
section is guilty of an offence and upon summary conviction is liable to a fine
of not less than $25 and not more than $100.

222/93 s12

Records

12.(1) A carrier shall keep and maintain at its
own expense at its principal place of business the following records relating
to every driver who is employed by that carrier and every commercial vehicle
under the control of that carrier

(a)a copy of the driver abstract issued by the
registrar which was received by a carrier at the commencement of employment of
the driver and dated not earlier than 30 days prior to the date of commencement
of employment of the driver;

(b)a copy of the driver abstract, issued by the
registrar and obtained during the same month as the anniversary of the driver's
birth, for each year the driver is in the employ of the carrier;

(c)a record of all accidents involving a driver
while operating a commercial vehicle;

(d)copies of a record of driver training, driver
improvement or control action taken by the carrier;

(e)a record of all items reported by a driver
under section 11;

(f)a copy of each driver's daily log, as required
by section 15 of the Highway Traffic
Hours of Service Regulations, or where a driver is exempt from maintaining
a log book, a copy of the carrier's record of hours on duty for the driver;

(g)a copy of each trip inspection report as
required by section 7 of the Highway
Traffic Trip Inspection Report Regulations; and

(h)a copy of a record of repair made to a
commercial vehicle correcting a defect noted in a trip inspection report
referred to in paragraph (g).

(2)The records referred to in subsection (1)
shall be retained for a period of 5 years, or as specified in the applicable
regulations.

(3)Notwithstanding paragraphs (1)(a) and (b), a
carrier is not required to keep and maintain copies of driver abstracts dated
earlier than February
3, 1994.

(4)A carrier shall have in place

(a)a system which will alert the carrier that a
driver abstract required by this section is due; and

(b)a method of monitoring compliance with the Highway Traffic Hours of Service
Regulations and the Highway Traffic
Trip Inspection Report Regulations.

(5)A carrier shall retain a copy of the most
recent vehicle inspection certificate as obtained under the Official Inspection Station Regulations for a minimum period of
one year.

(6)A person who contravenes this section is
guilty of an offence and is liable on summary conviction to a fine of not less
than $200 and not more than $1,000.

(7)For the purpose of determining an offence
under this section each violation for each record in relation to each driver is
considered to be a separate offence.

222/93 ss13&15

Inspection

13.(1) An inspector may, during normal business
hours, upon presentation of his or her identification as an inspector, enter a
place of business of a carrier for the purpose of inspecting any records
required under the Act, these regulations, or other regulations under the Act.

(2)A carrier shall provide an inspector with all
reasonable assistance and facilities necessary to the inspector for the
performance of his or her duties.

(3)A carrier shall keep and maintain records
required by these regulations in an orderly fashion so that they are readily
accessible for inspection.

(4)For the purpose of determining the accuracy of
a record required to be kept under the Act, these regulations, or other
regulations under the Act, an inspector is authorized to inspect any record
which relates or is relevant to verification of the accuracy of another record,
including

(a)payroll records;

(b)warehouse or inventory records; and

(c)driver training manuals or transcripts of
course content.

(5)For the purpose of an inspection under these
regulations, an inspector may remove a record from a carrier's place of
business or make copies of a record, and shall provide the carrier with a
receipt of all those records which are removed.

(6)An inspector shall return a record removed
from a carrier's place of business within 2 weeks from the date of removal of
the records, unless the record is required for a hearing in which case the inspector
shall notify the carrier in writing, within 2 weeks from the date of removal,
of the retention of records for a hearing.

(7)All information and records obtained during an
inspection are confidential and will not be released to or discussed with a
member of the public without the express written consent of the carrier, but
all those records, copies of records and notes may be presented as evidence
before the board or a court.

(8)A person who through deliberate action or
refusal to act obstructs or hinders an inspector in the performance of his or
her duties under these regulations is guilty of an offence and is liable on
summary conviction to a fine of not less than $500 and not more than $2,000.

(9)Notwithstanding another provision of these
regulations, the registrar may assign a safety rating of unsatisfactory to a
carrier which is convicted under subsection (8), and that assignment shall take
effect immediately and will remain in effect until the time that the carrier
delivers all records requested by an inspector or the registrar to a location
specified by the registrar.

222/93 ss14‑16

Hearing

14.(1) Where, following a facility audit of a
carrier, the registrar is of the opinion that the carrier is unable or unwilling
to operate safely, the registrar may conduct a hearing to investigate the
carrier's safety record.

(2)The registrar shall notify a carrier of the
time and place of the hearing 15 or more days before the date of the hearing.

(3)A hearing may be heard by the registrar or by
a person appointed by the registrar.

(4)A hearing may take place whether or not the
carrier is present.

(5)A person conducting a hearing shall make those
recommendations in writing to the registrar within 15 days of the hearing that
he or she considers appropriate, including recommendations to

(a)require the carrier to initiate a safety plan,
demonstrate specific improvements or take specific measures to enhance the
safety of its operations within a time and under those conditions that the
person conducting a hearing considers appropriate;

(b)vary the carrier's threshold, threshold level
or safety rating;

(c)issue a fleet suspension which will place a
restriction on the number of commercial vehicles, or specify the vehicles,
which may be operated by the carrier; and

(d)specify an expiry date for the fleet
suspension which shall not be earlier than 30 days and shall not be later than
one year from the date of commencement of the suspension.

(6)A person conducting a hearing shall govern the
procedure of the hearing.

(7)The registrar shall decide the action
necessary to carry out the intent of the recommendations and shall notify the
carrier of the recommendations and the action to be taken within 15 days of
receipt of the recommendations.

(8)The registrar shall withhold taking an action
pursuant to a recommendation until the close of the review and appeal process.

222/93 s10

Review

15.(1) A carrier may seek a review of a decision
of the registrar or a person conducting a hearing under section 14 concerning a
threshold, threshold level, safety rating or fleet suspension by filing a
notice of review with the board within 30 days of receipt of notice of the registrar's
decision under subsection 14(7).

(2)A notice of review shall be in the form
required by the board and contain the information prescribed by the board.

(3)The board may request that the registrar
supply written reasons for the decision appealed from and other documentary
information which it considers appropriate.

(4)Where the board considers it appropriate, the
board may order a hearing at a date as soon as possible after receipt of the
notice of review but no earlier than 14 days following the date which the board
receives the notice of review.

(5)The board may confirm, vary, return for
reconsideration or cancel a decision of the registrar under subsection 14(7).

(6)The board may consider any evidence which it
considers relevant at a hearing under this section, but shall not base its
decision upon the economic livelihood or well being of the carrier.

(7)The board may apportion all or part of the
costs of a hearing under this section to the carrier as the board considers
appropriate.

(8)A decision of the board under this section may
not be appealed in a court except for an error in law and unless made to the
Trial Division within 15 days following service of written notice of the decision
of the board.

222/93 s11

Fleet suspension

16.(1) Where the registrar issues a fleet
suspension under subsection 14(7), the registrar shall issue a certificate for
each vehicle in the carrier's fleet which is permitted to be operated under the
fleet suspension.

(2)A person shall not operate, allow or cause to
be operated a commercial vehicle upon a highway where the carrier responsible
for the operation of the commercial vehicle is under a fleet suspension unless
the driver has in his or her possession a copy of the certificate issued by the
registrar under subsection (1) authorizing the operation of the commercial
vehicle.

(3)A driver who contravenes the provisions of
subsection (2) is guilty of an offence and on summary conviction is liable to a
fine of not less than $25 and not more than $100.

(4)A carrier who contravenes the provisions of
subsection (2) is guilty of an offence and on summary conviction is liable to a
fine of not less than $500 and not more than $2,000.

222/93 ss7&10

Variance

17.(1) A safety rating of unsatisfactory shall
remain in force for a period of 5 years.

(2)Notwithstanding subsection (1), after one year
under a safety rating of unsatisfactory a carrier may make application to the
registrar to vary the safety rating.

(a)a comprehensive analysis of the carrier's
proposed operations and a safety plan governing those operations; and

(b)other information as the registrar may require
to assess an application.

(4)Within 30 days of receipt of the information
referred to in subsection (3), the registrar shall make a determination
respecting the application for variance and shall notify the carrier of his or
her decision, including reasons in the event the application is refused.

(5)A carrier who is refused variance shall not
reapply under this section for a period of 6 months from the date of the
decision made under subsection (4).

(6)Where the registrar grants an application for
variance he or she shall assign the carrier a safety rating of conditional and
may attach those terms and conditions that he or she considers appropriate.

(7)Upon variance the registrar may establish the
carrier's threshold level at a number that he or she considers appropriate.

222/93 s6

Profiles

18.(1) The registrar shall provide a carrier's
short profile to a person for a fee required by the registrar.

(2)The registrar shall provide to a carrier or a
representative of a carrier that carrier's long profile for a fee required by
the registrar.